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Samajwadi Party Rajya Sabha nominee moves Allahabad HC against cancellation of his nomination

The Court fixed the next hearing on the Petition on April 12.

Samajwadi Party-backed Rajya Sabha nominee Prakash Bajaj on Monday has filed a petition in the Lucknow bench of the Allahabad High Court against the cancellation of his nomination for the election to the Upper House.

It is submitted that respondents No 3, 4 and 9 have filed an application under order 7 rule 11 CPC. In pursuance thereof, the petitioner has also filed its response.

It has also been informed that both the respondents No.1 and 10 have also moved separate application under order 7 rule 11 CPC and another application under Section 86 of the Representation of the People Act.

The Counsel for the petitioner prays for and is granted a week’s time to file its response whereas Gaurav Mehtrotra, Counsel for the respondent No.5, and Sunil Kumar Chaudhary, Counsel for the respondent No.6, also prays for and is allowed 10 days’ time to file their application under order 7 rule 11 CPC with an advance copy to the Counsel for the petitioner, who shall have further a week’s time to file its response thereto.

The Counsel for the petitioner has also pointed out that he has already filed another application wherein a prayer has been made for preserving/impounding the documents available with the returning officer.

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The Counsel for the respondents shall be at liberty to file their objections to the said application as well within the aforesaid period, the Court said.

A Single-Judge Bench of Justice Jaspreet Singh said the parties (petitioners and newly-elected Rajya Sabha members) would present their applications and arguments on the Petition.

The Court fixed the next hearing on the Petition on April 12.

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